Evidence keyed to Mueller
United States v. Abel
Respondent was charged with robbing a bank with two other men. One of the men, Ehle, testified at Respondent’s trial to implicate him in the robbery. Respondent then called Mills to testify that while in prison, Ehle confided to him that he would falsely implicate Respondent in order to receive favorable treatment. To rebut the credibility of Mills, Ehle was called back to the stand to testify that he, Mills and Respondent belonged to an Aryan gang that swore to perjure themselves to help a fellow gang member. The trial court allowed the testimony, and Respondent was convicted. The Ninth Circuit Court of Appeals reversed, citing the prejudicial nature of the testimony.
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